monitoring the content of conversations they tell us. that is the government is keeping tabs on to whom people are talking but not what they are saying still an aclu representative says a rise in surveillance is some cause for concern. >> the people have a right to know how these extremely invasive surveillance powers are being used and if there is nothing to hide, if they're not being abused where is the harm in letting us know. >> shepard: federal judge authorized every instance of surveillance and a smokesmanned as as criminals use more and new sophisticated technology the use of orders issued by a judge and explicitly authorized by congress to obtain non-content information is simply for federal law enforcement officials to carry out their duties to protect the public and investigate violations of federal law. we knew about the death of a u.s. border agent. now there is a new report that indicates guns linked to operation fast and furious may have been involved in more killings. and we're getting word just how young some of those victims are said to have been. a live report is next.